Legal Opinion

Candler v. Kirkland

Supreme Court of Georgia

Decided December 19, 1900PublishedCited by 6 opinions

Scire facias to forfeit recognizance. Before Judge Dart. City court of Douglas. May term, 1900.

1Opinion of the CourtFish, J.

This was a proceeding, in the city court of Douglas, to forfeit a criminal recognizance given by N. H. Hollingsworth, principal, and Harrison Kirkland, surety. Kirkland demurred “ to the proceedings ” in the case, on the ground that the bond therein referred to “is void upon its face, for the reason that the principal . . is not bound to appear at a certain place, but is bound only to .appear at the next term of the superior court.” The court sustained the demurrer, and the plaintiff excepted. We think the judgment cf the court manifestly erroneous. It was expressly recited in the scire…

2Cases cited4 opinions

  1. Chicago Building & Manufacturing Co. v. Talbotton Creamery & Manufacturing Co.Supreme Court of Georgia · 1898
  2. Constitution Publishing Co. v. StegallSupreme Court of Georgia · 1896
  3. Colquitt v. BondSupreme Court of Georgia · 1882
  4. Sasser v. McDanielSupreme Court of Georgia · 1885

3Cited by6 opinions

  1. Shuler v. StateSupreme Court of Georgia · 1906
  2. Woodside v. Fulton CountySupreme Court of Georgia · 1967
  3. Mitchell v. Southern Railway Co.Supreme Court of Georgia · 1903
  4. Mann v. ShowalterSupreme Court of Georgia · 1916
  5. Rembert v. EllisSupreme Court of Georgia · 1941

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